`NYSCEF DOC. NO. 17
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`INDEX NO. 654292/2023
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`RECEIVED NYSCEF: 06/25/2024
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`NOTICE OF MOTION FOR
`DEFAULT JUDGMENT
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`Index No.: 654292/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`------------------------------------------------------------------------X
`LIBERTY MUTUAL INSURANCE COMPANY and
`LIBERTY MUTUAL PERSONAL INSURANCE
`COMPANY
` Plaintiffs,
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`-against-
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`KIMBERLY SEABROOK
` Individual Defendant,
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`-and-
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`DIVERSIFIED ORTHOTICS INC
`ISURPLY LLC
`MMC FACULTY PRACTICE/WEILER DIVISION -
`MMC
`MONTEFIORE MEDICAL CENTER OUTPT
`NEW YORK PRESBYTERIAN HOSPITAL
`ST JOSEPHS HOSPITAL
`STAND-UP MRI OF THE BRONX PC
`THROGS NECK MEDICAL MULTICARE, PC
`TIM CANTY MD PLLC
`TREMONT PHARMACY INC DBA TREMONT
` CHEMISTS
`TRUSTEES OF COLUMBIA UNIVERSITY
` Medical Provider Defendants
` Collectively, The Defendants
`-------------------------------------------------------------------X
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`PLEASE TAKE NOTICE, that upon the annexed affirmation of Asher Grossman dated
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`the 25th day of June, 2024, and upon all the pleadings and proceedings had herein, the undersigned
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`will move this court at the Motion Support Office, 60 Centre Street, Room 130, New York, NY
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`10007 on the 25th day of July, 2024, at 9am. Or as soon thereafter as counsel can be heard for an
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`order default judgment and for such other and further relief as this court deems just and proper.
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`(A) GRANTING PLAINTIFFS A DEFAULT JUDGMENT against all non-
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`answering Defendants noted below for their failure to timely answer the Complaint:
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`KIMBERLY SEABROOK
`DIVERSIFIED ORTHOTICS INC
`MMC FACULTY PRACTICE/WEILER DIVISION - MMC
`MONTEFIORE MEDICAL CENTER OUTPT
`NEW YORK PRESBYTERIAN HOSPITAL
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`1 of 4
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`FILED: NEW YORK COUNTY CLERK 06/25/2024 12:16 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 654292/2023
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`RECEIVED NYSCEF: 06/25/2024
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`ST JOSEPHS HOSPITAL
`THROGS NECK MEDICAL MULTICARE, PC
`TIM CANTY MD PLLC
`TREMONT PHARMACY INC DBA TREMONT
` CHEMISTS
`TRUSTEES OF COLUMBIA UNIVERSITY
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`(B) DECLARING AND PERMANENTLY STAYING each and every part of any
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`arbitration or court hearing brought by the non-answering Defendants for No-Fault benefits
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`stemming from the alleged occurrence of January 20, 2023;
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`(C) DECLARING AND GRANTING A PERMANENT INJUNCTION barring
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`any arbitration or court hearing brought by the non-answering Defendants for No-Fault benefits
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`stemming from the alleged occurrence of January 20, 2023; from continuing or being commenced;
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`(D) DECLARING that the Plaintiffs’ denials of all claims for No-Fault by the non-
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`answering Defendants stemming from the alleged occurrence be deemed valid, and
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`(E) FOR SUCH OTHER AND JUST RELIEF as to this court seems just and
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`proper.
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`PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, must be served
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`upon the undersigned at least seven (7) days prior to the return date of this motion.
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`______________________
`Asher Grossman
`CORREIA, CONWAY & STIEFELD
`Attorneys for Plaintiffs
`LIBERTY MUTUAL INSURANCE
`COMPANY, ET AL
`Mailing Address:
`PO Box 6835
`Scranton, PA 18505-6840
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`Physical Address:
`10 Bank Street, Suite 1200
`White Plains, NY 10606-1947
`(914) 997-8100
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`Dated:
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`White Plains, New York
`June 25, 2024
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`TO:
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`KIMBERLY SEABROOK
`278 Hallock Ave., 2nd Floor
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`2 of 4
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`FILED: NEW YORK COUNTY CLERK 06/25/2024 12:16 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 654292/2023
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`RECEIVED NYSCEF: 06/25/2024
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`New Haven, CT 06519
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`DIVERSIFIED ORTHOTICS INC
`3146 E. Tremont Ave.
`Bronx, NY 10461
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`ISURPLY LLC
`c/o Shapiro & Associates PC
`2424 Oak Court
`Seaford, NY 11783
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`MMC FACULTY PRACTICE/WEILER DIVISION - MMC
`1825 Eastchester Rd.
`Bronx, NY 10461
`&
`P.O. Box 412514
`Boston, MA 02241-2514
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`MONTEFIORE MEDICAL CENTER OUTPT
`Attn: General Counsel
`111 East 210th Street
`Bronx, NY 10467
`&
`P.O. Box 412508
`Boston, MA 02241-2508
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`NEW YORK PRESBYTERIAN HOSPITAL
`P.O. Box 6154
`Church Street
`New York, NY 10249-6154
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`PHYSICAL MEDICINE & REHABILITATION OF NEW YORK PC
`c/o Gautam Khakkhar, MD
`171 E. 84th Street
`New York, NY 10028
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`ST JOSEPHS HOSPITAL
`50 Charles Lindbergh Blvd., Suite 411
`Uniondale, NY 11553
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`STAND-UP MRI OF THE BRONX PC
`c/o Dash Law Firm PC
`PO Box 280
`Farmingdale, NY 11735
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`THROGS NECK MEDICAL MULTICARE, PC
`3058 Tremont Ave.
`Bronx, NY 10461
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`3 of 4
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`FILED: NEW YORK COUNTY CLERK 06/25/2024 12:16 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 654292/2023
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`RECEIVED NYSCEF: 06/25/2024
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`TIM CANTY MD PLLC
`11 Bleeker Street, Apt. #3
`New York, NY 10012
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`TREMONT PHARMACY INC
`dba TREMONT CHEMISTS
`3131 East Tremont Avenue
`Bronx, NY 10461
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`TRUSTEES OF COLUMBIA UNIVERSITY d/b/a LAWRENCE HOSPITAL
`55 Palmer Ave.
`Bronxville, NY 10708-3403
`&
`P.O. Box 27765
`New York, NY 10087-7765
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